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Kerala High Court

Sreeja Jayaprakash vs The District Collector/District ... on 9 October, 2018

Bench: K.Vinod Chandran, Ashok Menon

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                     &
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
      TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940
                         WP(Crl.).No. 351 of 2018
PETITIONER/S:


                SREEJA JAYAPRAKASH
                W/O.JAYAPRAKASH, AGED 33 YEARS, RESIDING AT
                PUTHUPARAMBIL HOUSE, KARINILAM KARA, 96 KAVALA BHAGAM,
                ERUMELI NORTH VILLAGE, KOTTAYAM DISTRICT.

                BY ADV. P.M. ZIRAJ

RESPONDENT/S:
       1      THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE
              KOTTAYAM-686 513.
              686513

      2         DISTRICT POLICE CHIEF KOTTAYAM-686 513.

      3         SUB INSPECTOR OF POLICE
                MUNDAKKAYAM POLICE STATION, KOTTAYAM DISTRICT-686 513.
                686513

      4         THE SUPERINTENDENT OF POLICE,
                CENTRAL PRISON, THIRUVANANTHAPURAM, PIN-695 012.
                695012

      5         THE STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO HOME, DEPARTMENT OF
                HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-
                695 001.
                695001

                BY ADVS.
                GOVERNMENT PLEADER SRI K A ANAS
                ADDL.DIRECTOR GENERAL OF PROSECUTION


THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
09.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl)No.351/2018

                                 J U D G M E N T

Vinod Chandran, J The writ petition was filed challenging an order of detention made by the authority under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short "KAAPA" only) and the matter was pending before the Advisory Board. It is submitted by the learned Government Pleader that now the Advisory Board has confirmed the order of detention and the Government has also confirmed the same. In such circumstances, the petitioner would have to file a fresh writ petition challenging the said orders. The learned Government Pleader is directed to serve a copy of the orders to the learned Counsel appearing for the petitioner. Leaving such liberty, without any opinion on merits, the writ petition would stand closed. No costs.

Sd/-

K. Vinod Chandran, Judge Sd/-

Ashok Menon, Judge jma W.P(Crl)No.351/2018 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SAID ORDER ISSUED BY THE FIRST RESPONDENT DATED 20/7/2018 ALONG WITH THE RECORDS FOR DETENTION ORDER EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 1/8/2018 SUBMITTED BY THE HUSBAND OF PETITIONER BEFORE THE ADVISORY BOARD CONSTITUTED UNDER SECTION 8 OF THE KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION) ACT 2007 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 1/8/2018 SUBMITTED BY THE HUSBAND OF PETITIONER BEFORE THE ADDITIONAL CHIEF SECRETARY, (HOME AND VIGILANCE), SECRETARIAT, THIRUVANANTHAPURAM